Kalberer v. Grassham

Opinion of the Court by

Chief Justice Ratliff

Affirming.

This appeal involves tbe question of whether a certain mineral deed included therein a sandstone rock quarry as a “mineral” in contemplation of the parties to the deed. The deed, the construction of which is in volved, was executed in the year 1888 by R. H. McQuire and bis wife Laura B. McQuire, grantors, to the Livingstone County Mineral Land & Improvement Company of Smithland, Ky., grantee. The deed so far as is pertinent reads as follows:

“For and in consideration of Two Thousand Three Hundred and Ninety Four Dollars in the Capital stock…